Central Information Commission
T. P. S. Pon Kumaran vs Csir Hqrs.,New Delhi on 29 August, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/CSIRD/A/2023/132118
Shri T. P. S. PON KUMARAN ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
CSIR Hqrs.,New Delhi
Date of Hearing : 23.08.2024
Date of Decision : 23.08.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 23.12.2022
PIO replied on : 10.01.2023
First Appeal filed on : 19.01.2023
First Appellate Order on : 31.01.2023
2 Appeal/complaint received on
nd : 21.07.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 23.12.2022 seeking information on following points:-
1. "Copy of CIMFR's "Third Party Sampling Agreement" (TPSA) for Coal (Format) imported at different ports in India and used by power plants.
2. Copy of the "Agreement of Coal Sampling" of CIMFR with SEPC POWER (P) Ltd dated 22.04.2022."
The CPIO & Chief Scientist, CSIR Hqrs., Jharkhand vide letter dated 10.01.2023 replied as under:-
"....the information sought by you in point no. 1 & 2 of your RTI Application contains the commercial confidence pertaining to SEPC and will affect its competitive position. Hence, keeping in view, Section 8.1(d) of the RTI Act-2005, the information cannot be provided."
Page 1 Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 19.01.2023. The FAA vide order dated 31.01.2023 stated as under:-
"This is to say that as per the clause 7 (1) and thereafter clause 11 (3) of RTI Act, 2005, CPIO has to reply within forty days of receipt of the request made by your good self. From the documents available it is found that CPIO has replied to your request on dated 10.01.2023 vide letter No. CIMFR(DC)/RTI/278/2022, which you might have received by now.
In your RITI application you have made a request to provide the "Third Part Sampling Agreement" (TPSA) for coal (format) imported at different ports in India and used by power plants and "Agreement for Coal Sampling" of CIMFR with SEPC Power (P) Ltd. Dated 22.04.2022.
This is to inform that no such agreement has been made as per the request made in point No. 1.
Regarding the request made in point No. 2, it is to inform that as per clause 8(1)(d), the information pertains to commercial confidence and the disclosure of which would harm the competitive position of a third party. Furthermore, as per clause 11(1): 11(4): 19(4) the information sought cannot be shared. So, I am sorry to say that under the above said clause, the information sought cannot be shared."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated has been received from the CPIO and same has been taken on record for perusal. The relevant extract whereof is as under :
1. The letter of Shri Pon Kumaran dated: 19.01.2023 for first appeal to Dr. Sujit Kumar Mondal, 1st Appellate Authority, in his request letter, he has asked for a copy of CIMFR's Third Party Sampling Agreement for coal. For this Dr. Sujit Kumar Mondal the 1st Appellate Authority in his letter dated 31.01.2023 has replied that no such agreement has been made.
2. And under point 2 of his request letter for copy of the Agreement of coal sampling of CIMFR with SEPC Power (P.) Ltd. Dated: 22.04.2024. For this he has stated in his letter to Dr. Sujit Kumar Mondal dated:
19.01.2023 that need not be provided.
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Mr. Rajesh Kumar, Sr. Scientist/CPIO- participated in the hearing through video-conferencing.
The Respondent reiterated the averments made in their written submission and stated that the information sought at point No. 1 of the RTI Application is not Page 2 available in their official. As regards the copy of "Agreement of Coal Sampling" of CIMFR with SEPC POWER (P) Ltd, the same being a bilateral agreement is a confidential document and exempted from disclosure under Section 8(1)(d) of the RTI Act since its disclosure would harm the competitive position of the third party.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Keeping in view the facts of the case and the submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by concerned PIO. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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